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Scenic Roads
Hopkinton has designated certain streets as “Scenic
Roads” by a vote of Town Meeting. The authority to designate scenic roads is contained in
Mass. General Laws chapter 40, section 15C, and the Town has
voted to adopt a Scenic Roads bylaw (Hopkinton Bylaws Chapter
160) that establishes the procedures and regulations for
obtaining permits for work within scenic road layouts. Hopkinton first designated scenic roads in 1973 and the
Scenic Roads bylaw was adopted in 1988.
Which Roads?
The following roads are designated scenic roads: Ash St.
(from Main St. to Chestnut St.); Cross St.; East St.; Front St.;
Fruit St.; Granite St.; North Mill St. (from Front St. to East
St.); North St.; Pond St.; Proctor St.; Saddle Hill Rd.; School
St.; South Mill St. (from Front St. to Ash St.); Spring St.;
West Main St. (Downey St. to Upton town line); Wilson St. (East
Main St. to Rafferty Rd.); and Winter St..
Purpose of the Bylaw
The purpose of having the bylaw and designating certain
roads as “scenic” is to protect trees and stone walls along
those roads, and to make sure that any proposed alterations to
stone walls and trees within the road right of way are reviewed
and permitted in accordance with the criteria in the bylaw.
The bylaw doesn’t prohibit changes to stone walls or
removal of trees, it sets out a review and permitting process,
during which alternatives are reviewed. The Town has adopted the bylaw and designated scenic roads
because protection
of the trees and stone walls in those areas is important to
preserving the Town’s rural and scenic character. Without the Town’s stone wall and tree-lined roads, it
loses its uniqueness and character.
What is Covered by the Bylaw?
The Scenic Roads bylaw covers the removal of any living tree
over 3 inches in diameter or stone wall within the road right of
way. This means
that work on private property is not covered by the bylaw, nor
is removal of trees measuring less than 3 inches within the road
layout, or other work in the roadway that doesn’t involve
removal of trees or stone wall.
Obtaining Permits
Anyone who wishes to cut a 3 inch or greater diameter tree
or destroy any portion of a stone wall within the road right of
way of a designated scenic road, must obtain a permit from the
Planning Board (Scenic
Road Application pdf file). Hazard
trees and dead trees may be removed by the Town without a
permit. An
applicant completes a brief application form (available at the
Planning Board office) and upon its receipt with a plan and $50
filing fee, the Board holds a public hearing. If a tree is proposed for removal that is also a Public
Shade Tree, a joint hearing is held with the Tree Warden. A hearing must be held within 30 days of receipt of the
application. Notification
of the hearing is published in the newspaper and abutters are
notified by mail.
At the hearing, the applicant describes the
proposal, and the Board and others at the meeting may ask
questions or request additional information. Typically, Planning Board members visit the location
prior to the hearing. The Board is required to make a decision within 21 days of
the close of the hearing. The
Board’s decision must be based on the criteria in the bylaw,
which include how the proposed change affects the scenic and
aesthetic values upon which the scenic road designation was
originally based, the necessity for the proposed action,
compensatory action proposed, such as replacement of trees or
walls, and availability of reasonable alternatives.
The most typical applications submitted are
for new driveways and new subdivision streets, and the most
typical conditions imposed by the Board are related to the
compensatory action required. Compensatory action could be using the stones removed to
rebuild other portions of wall along the same property that are
in disrepair, and planting of another tree. Road widening projects by public entities and tree cutting by
utility companies are not exempt from the bylaw.
If there is question about whether a tree
or wall is within the right of way, the Planning Board office,
Dept. of Public Works, or deed language and/or a lot plan can
usually offer guidance. When
obtaining quotes from tree removal companies for any work along
a scenic road (or other street), always ask if town permits are
required first. Even
if the road isn’t designated as “scenic”, permission may
be needed from the Tree Warden if it is considered a Public
Shade Tree (Hopkinton Bylaws Chapter 186). Anyone
who removes a tree or stone wall within a scenic road layout
without a permit can be fined by the Planning Board. Fines range from $50 to $300 per violation.
How can New Roads be Designated as Scenic?
The bylaw also sets out the procedure for designating
streets as scenic roads.Generally,
once a request is received by the Planning Board, it will hold a
public hearing.The
Board notifies all of the property owners along the street of
the hearing date.After
the public hearing, the Board makes a recommendation as to
whether the street should be designated as a scenic road.An article is then placed on the warrant for the next Town
Meeting.At Town
Meeting, the article is voted by the Town, and designation
requires a majority vote.
Questions about the scenic roads and other
related issues can be answered by Town Planner Elaine Lazarus,
at 508-497-9755 or email elainel@hopkinton.org. A copy of the scenic road bylaw is available from the
Town Clerk or the Planning Board office.
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